Association ITS Bretagne9, place du Général de Gaulle22023 Saint Brieuc Cedex 1

Tél.: +33 (0)2 96 77 32 22Fax.: +33 (0)2 96 77 32 23

E-mail: contact@itsbretagne.netWeb: www.itsbretagne.net

Imad FHAIL & Joel SIRY

Buying results of R&D Projects The best practices

ITS Bretagne – 2014

Best practices to be followed to successes R&D results purchase

Observe, know and practice the economic markets plan purchases.

Inform upstream. Anticipate the standards and facilitate

applications by reducing the administrative decreases. 

Concentrate the answer of companies on their innovative products.

Draft documents correctly and adapt the perimeter of purchase lots.

Choose the adapted purchase procedure.

Observe, know and practice the economic markets

Integrate operational teams, internal influencers and buyers: the innovative purchase manages in team.

Organize the economic and technology watch before: Sensitize the actors about the collection of information, to encircle needs in information, to pilot and to coordinate the device of the watch before allow to organize better and to share the knowledge of the market.

Organize the reception of the spontaneous steps of companies.

Resort to the sourcing: identification of suppliers and strong economic operators of innovation.

Manage the risks.

Plan purchases, Inform upstream & anticipate the standards

Communicate widely on domains and intentions of purchase.

Identify the " experimental markets ".

Give up the reductions of delays authorized by the rule in case of publication of an opinion of pre-information.

Make easy the application

It’s a question of identifying, in the procedures, brakes with the participation of the innovative companies in the consultations, and of defining tracks of simplification and improvement of the access of the innovative companies to markets:

At the apportionment, groupings, capacities: think about the appliers.

Privilege the pragmatism in the construction of files.

Simplify, train, answer, listen to: improve the attractiveness of his markets by using some good and simple practices.

procedures

Competitive dialogueThe competitionThe procedure by mutual agreement Public partnership deprived (PPP)Partnership in a subsidized project

Competitive dialogue

Defined in the article 36 of the French code of procurement contracts, the competitive dialogue is the procedure by which “ the contracting authority leads a dialogue with the candidates allowed to participate in it to define or develop one or several solutions able to answer his needs and on the basis of which or whom participants in the dialogue will be invited to put to hand an offer. “

The competitive dialogue is reserved for the complex markets. The complexity is defined as the case where the contracting authority is not able to define the technical means which answers his needs, or to establish the legal or financial assembly of the project. This procedure is however considered as difficult to operate, longer than the others, and stays as a consequence, little used.

The competition

The competition is defined in the article 38 of the French code of procurement contracts as the procedure by which the contracting authority chooses, after using a competition procedure and receiving a jury opinion, " a plan or a project, in the field of the : regional development, the town planning, the architecture and the engineering, or of the data treatments, before attributing to one of the competition laureates a market. " The procedure of the competition, in particular the role of the jury, are described in the article 70 of the same code.

The candidates receive allowance. Paid to all the competitors, the allowance is deduced from the amount of the market for the assignee, who is normally paid by the market price.

The public person, for his/her part, benefits from the technical expertise of a jury, but he stays the decision-maker, on the basis of the report established by the jury. The procedure, which foresees a possible dialogue between the candidates and the jury, as well as a negotiation on elements of the project with the contracting authority, has the advantage to bring to the foreground several adapted propositions, and to discuss elements with the or, if need be, the prize-winner(s).

The procedure by mutual agreement

The code of procurement contracts mentions the purchases of services of research and of development to spread them from its field of application, in the article3 [6 °]. So, the markets of services concerning projects of research and development without direct industrial continuation can be spent by mutual agreement, under two alternative conditions:- If the contracts authority finances only partially the program; or- If he does not acquire the exclusive property of the results of the program.

To note that the markets of studies do not enter this category.The guide of good practices in procurement contracts of February 14th, 2012 concludes that " only establishes a procurement contract subjected to the code, the contract in which the power seller is brought o acquire the completeness of the property of the results of the research program and to insure the completeness of his financing. "

Participating in projects as Partner

A public authority could integrate a collaborative project financed by the EC, the state or another public body as subsidized partner (by submitting an answer to calls to projects for example).

Thank you for your attention !

ITS Bretagne - Mobitic - 23/01/2009 Diapositive n°12

ITS Bretagne - AG -28/03/2014 Diapositive n°13

Association ITS Bretagne

9, Place du Général De Gaulle

22023 Saint Brieuc - France

Tél. : +33 (2) 96 77 32 22

Fax. : +33 (2) 96 77 32 23

E-mail : contact@itsbretagne.net

Web : http://www.itsbretagne.net